When you think of workplace injuries, what comes to mind first is broken bones or severe accidents. However, some of the most common and overlooked injuries involve soft tissues. These injuries are just as debilitating as fractures, yet their subtle onset makes workers dismiss them or delay seeking help. If you’ve suffered a soft tissue injury at work, you’re entitled to the same benefits as someone with a more visible injury, provided the condition stems from your job duties.
Managing workers’ compensation claims involving soft tissue injuries is not always easy. It is advisable to enlist the help of a New Jersey workers’ compensation lawyer to help make the process smooth. Read on to understand which soft tissue injuries qualify for workers’ compensation and how you can pursue compensation.
What Are Soft Tissue Injuries?
Soft tissue injuries affect the body’s muscles, ligaments, tendons, and other connective tissues. They affect the soft tissues in our body that connect, support, and surround our bones and organs.
Unlike damage to bones, soft tissue injuries don’t always appear on an X-ray, making them harder to diagnose and treat. They range from mild discomfort to severe, chronic pain that disrupts daily life. Here are the types of soft tissue injuries that may qualify for workers’ compensation.
- Sprains: These occur when the tough bands connecting bones are stretched or torn, mostly from a sudden twist or fall. A sprained ankle from slipping on a wet floor at work is a classic case of a sprain.
- Strains: Strains involve the overstretching of muscles or tendons. Lifting heavy equipment improperly might leave you with a strained back.
- Contusions: Commonly known as bruises, contusions are linked with a direct blow or impact, causing blood vessels under the skin to break. A worker hit by falling tools could suffer this injury.
- Tendonitis: This inflammation of a tendon mostly develops from repetitive motions, like typing or operating machinery for long hours.
- Bursitis: Bursae are small, fluid-filled sacs that cushion joints. Repetitive pressure or overuse, such as kneeling on a hard surface, can inflame them.
- Tears: Tears in muscles, tendons, or ligaments can range from partial to complete ruptures. A torn rotator cuff from repeated overhead lifting is a frequent workplace case.
- Cellulitis: This is a skin infection caused by bacteria that can follow an untreated cut or scrape. It is potentially linked to workplace hazards like dirty tools.
- Lacerations: These injuries happen when skin is subjected to deep cuts from sharp objects or machinery, affecting the muscles or tendons.
- Tenosynovitis: Similar to tendonitis, this condition involves inflammation of the tendon sheath and is usually associated with repetitive hand or wrist tasks.
- Stress Fractures: Though technically bone injuries, stress fractures may occur from soft tissue overuse, such as standing or walking on hard surfaces for extended periods.
Soft tissue injuries can stay far longer than many workers expect, especially when tied to workplace activities. Repetitive strain injuries, in particular, may build up over time, making it challenging to understand exactly when or how they started. Because of their gradual nature and potential for chronic pain, it’s wise to consult a workers’ compensation attorney who can help prove the injury’s connection to your job and fight for your rightful benefits.
Causes of Soft Tissue Injuries at Work
Soft tissue injuries don’t always stem from a single dramatic incident. In many cases, they develop slowly or result from everyday tasks gone wrong. It is vital to have an understanding of how these injuries happen, which can help recognize when your workplace might be to blame.
Some injuries occur suddenly, like a sprain from tripping over cluttered walkways or a muscle tear from lifting a heavy load. Others, like tendonitis or bursitis, emerge after weeks, months, or even years of repetitive motions. For instance, think of a warehouse worker constantly reaching for high shelves or an office employee all day. Poor ergonomics, inadequate training, or unsafe equipment can force awkward posture, leading to a soft tissue injury.
In addition, environmental factors are also linked to work-related soft tissue injuries. These include wet floors, uneven surfaces, or extreme temperatures, which can increase the risk of slips, strains, or overuse injuries. Even stress fractures might trace back to prolonged standing on concrete without proper footwear.
Whatever the cause, the key is establishing that the injury arose from your job duties.
Understanding how your injury occurred and tying it back to your workplace duties is key to building a strong case. Even if the incident seemed minor at the time, any resulting discomfort or limitation should be documented and evaluated by a medical professional. It sets the stage for exploring whether you can claim workers’ compensation, which we’ll cover next.
Can I Collect Workers’ Compensation for a Soft Tissue Injury?
Whether you qualify for workers’ compensation depends on whether your soft tissue injury occurred at work or while performing job-related duties. The core requirement in any workers’ compensation case is that the injury must arise out of the course and scope of your employment.
Therefore, you can collect workers’ compensation for a soft tissue injury as long as it’s work-related. This is because the workers’ compensation system is meant to cover injuries that happen during the course of employment, regardless of fault. That means if you can show the injury ties back to your job, you’re likely eligible.
The challenge with soft tissue injuries lies in proving that connection. A sudden accident, like a contusion from a falling object, is usually straightforward to link to work. However, gradual injuries, such as tenosynovitis from assembly line duties, might face scrutiny from employers or insurance companies eager to deny claims. That is why medical records, witness statements, and a clear timeline of symptoms are key to strengthening your case.
What Is the Worth of My Injury Claim?
The worth of a soft tissue injury claim depends on several factors around the injury. No two cases are identical, so evaluating the components of your claim is the true way to gauge its worth. Some key factors that determine the value of your soft tissue WC claim include the following:
Temporary Disability Benefits
Temporary disability benefits replace lost wages when a soft tissue injury. Most states pay about two-thirds of your average weekly earnings tax-free, though amounts vary based on local caps.
For example, a cashier sidelined for six weeks by a wrist sprain might recover several hundred dollars weekly. Payments stop once you return to work or reach maximum medical improvement. If light-duty work is available and you earn less, benefits adjust to bridge the gap.
Medical Expenses Coverage
Workers’ compensation covers all reasonable medical costs for your soft tissue injury, from doctor visits to surgeries. A construction worker with a severe contusion might accrue thousands in bills, all covered if tied to the job. Insurers may dispute treatments as excessive, so make sure to retain detailed records from your doctor. Without proper documentation, you risk out-of-pocket costs.
Permanent Disability Payments
If a soft tissue injury causes lasting limitations, like reduced mobility from a torn rotator cuff, you may be eligible to obtain permanent partial disability benefits. These are based on a doctor’s impairment rating. Insurers might downplay your condition to limit payouts, so medical evidence is key. Make sure to work with a workers’ compensation attorney who can ensure the rating reflects your true disability so as to secure fair compensation for long-term losses.
Impact of State Laws
State regulations can affect the value of your soft tissue injury claim. For instance, if a state offers higher wage replacement rates, injured workers might secure more in settlement than those whose laws cap the rates. Some states limit temporary disability to 104 weeks, while others extend it for severe cases.
Permanent disability calculations also vary, with each state having its own Disabilities and Maximum Benefits schedule. These differences can mean thousands more or less for the same soft injury claim. That is why it is recommended to retain the services of a local attorney who understands these laws, ensuring your claim aligns with state-specific rules.
Timing and Reporting Issues
Following a soft tissue injury in the workplace, you should act promptly to enhance your claim’s value. Some states, such as New Jersey, require reporting a workplace injury within 90 days. A delay can let insurers argue that your injury is unrelated to work, slashing benefits.
Additionally, get immediate medical care after an injury to build a strong record and boost your case. Note that gaps in treatment raise doubts about severity. Quick reporting and consistent care maximize temporary disability and medical benefits, while late claims risk denial. An attorney can guide you through deadlines to preserve the full worth of your compensation.
Insurer Challenges and Disputes
Insurance companies will scrutinize your soft tissue injury claim. They aim to avoid the claim or reduce the benefits as much as possible. Therefore, it is not uncommon for insurers to claim that your sprain predates your job or doesn’t need extensive therapy. Sometimes, independent medical exams requested by insurers may contradict your doctor, complicating matters.
Such challenges can reduce benefits or lead to denials. However, with strong evidence, your lawyer can counter these arguments. Without it, you might settle for less than what you deserve.
Long-Term Effects of Soft Tissue Injuries
While some soft tissue injuries heal with time and appropriate care, others can lead to lasting complications that impact your daily life and work capacity. In more severe cases, these injuries can result in permanent disability. Long-term consequences may include:
- Chronic pain and discomfort: Persistent soreness or aching that limits daily functioning, even after treatment is completed.
- Permanent reduction in mobility or strength: Lasting weakness or stiffness in the affected area may restrict your ability to perform routine tasks or continue working.
- Increased risk of re-injury: Damaged soft tissue may never regain its original strength, making the area more vulnerable to future injuries.
- Compensatory injuries: Altered movement patterns due to pain or limited mobility may lead to new injuries in other body parts, such as the hips, knees, or back.
- Career limitations or changes: Due to physical restrictions, some workers may be forced to reduce their hours, accept modified duties, or even leave their profession.
These long-term impacts highlight the importance of pursuing a workers’ compensation claim early and thoroughly. With legal representation, you are sure to secure benefits for your current recovery as well as lasting complications that may arise from the injury.
Should I Work With a Workers’ Compensation Attorney?
Hiring a workers’ compensation attorney is necessary for successful soft tissue injury claims. These cases can be challenging, especially when employers or insurers dispute your case. With a lawyer, you can benefit from their strategy, professionalism, experience, and peace of mind.
An attorney will collect evidence to prove your injury’s work-related nature. It includes the following:
- Accident reports
- Coworker statements
- Medical reports
- Expert testimony
Without such proof, your claim risks rejection or reduced benefits. Your workers’ compensation lawyer can present a clear, factual case that strengthens your position.
Managing deadlines and paperwork is another area where your attorney can provide support. Workers’ compensation systems come with reporting timelines; missing these can forfeit your claim. Your attorney can manage these administrative demands efficiently and prevent errors that can delay or deny benefits.
Negotiating with insurance adjusters is a task that attorneys are uniquely equipped to handle. Insurers frequently offer settlements that fail to cover long-term medical needs or lost wages from an injury. Without representation, you might unknowingly accept an inadequate amount that leaves your future expenses uncovered. A lawyer understands fair compensation benchmarks and counters low offers with evidence-based arguments.
Another reason to hire a workers’ compensation lawyer is to appeal a denied claim. If an insurer rejects your soft tissue injury claim, a lawyer can request a hearing before a workers’ compensation judge. They prepare a robust case, incorporating expert testimony or additional medical evaluations to challenge the denial.
Get Help With Your Soft Tissue Injury Claim
If you’ve sustained a soft tissue injury at work, don’t let its subtle nature cheat you into delaying action. While you’re entitled to workers’ compensation benefits, securing them requires more than a simple claim form. Your lawyer can help fulfill all the demands of workers’ compensation guidelines to ensure your soft injury qualifies for compensation. Contact your New Jersey personal injury attorney today to evaluate your situation and guide you on the appropriate steps to seek benefits.